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Careful when you text? (Read 1223 times)


Prince of Fatness

    http://www.usatoday.com/news/nation/story/2012-05-23/texting-while-driving-sender-lawsuit/55174584/1

     

    Considering that there is a lot of automated texting going on out there, this would set a bad precedent.  I work in the IT department of a small company and we use text messaging to alert us in the event of problems, for example.  Hopefully the judge will use common sense but this is New Jersey so you never know.

    Not at it at all. 

    xhristopher


      Can I sue Facebook for the push alerts I get on my phone while I'm driving? I hear they might be worth something now.

       

      Here's the 911 call from that accident. Crazy stuff!

      Purdey


      Self anointed title

        I don't ever want my lawyer to be called "Skippy".

         

         


        jfa

          Hopefully the judge will use common sense but this is New Jersey so you never know.

           

          Ah yes, the People's Republic of New Jersey. Make sure you have your papers in order at all times.

           

           

           

           

           

           

          LedLincoln


          not bad for mile 25

            Sending an isolated random text is different from carrying on a multi-text conversation with someone whom you know is driving.

              Sending an isolated random text is different from carrying on a multi-text conversation with someone whom you know is driving.

              +1.  If they can prove she knew (or reasonably should have known) he was driving and she continued texting him, then she may be held as a named defendant.  Short of that, though, I'd agree with Skippy -- she has no control or knowledge of when her texts will be read or whether the recipient is behaving safely when reading them.

               

              I feel bad for the two who both lost legs because of this idiot.

              "I want you to pray as if everything depends on it, but I want you to prepare yourself as if everything depends on you."

              -- Dick LeBeau


              Kalsarikännit

                People's Republic of New Jersey. 

                 

                March 16th.  I'm finally going to get to see for myself.  Time to do one of HasherRick's races.  I keep hearing how great they are even from non-RA'ers.  Mr. PH, Nads, Necrophiliac Jazzman Joe...start stocking the good beer.

                I want to do it because I want to do it.  -Amelia Earhart

                 

                zoom-zoom


                rectumdamnnearkilledem

                  +1.  If they can prove she knew (or reasonably should have known) he was driving and she continued texting him, then she may be held as a named defendant.  Short of that, though, I'd agree with Skippy -- she has no control or knowledge of when her texts will be read or whether the recipient is behaving safely when reading them.

                   

                  I don't think a text sender should be held liable.  The recipient needs to learn to exercise some self-control and leave the phone alone while driving.  It's really not that difficult.  Turn the ringer off if it's too much temptation.  It's not much of a conversation if 1 half of the conversants isn't taking part.

                  Getting the wind knocked out of you is the only way to

                  remind your lungs how much they like the taste of air.    

                       ~ Sarah Kay


                  Prince of Fatness

                    If they can prove she knew (or reasonably should have known) he was driving and she continued texting him, then she may be held as a named defendant.

                     

                    The problem that I see with this approach besides the bad precedent (where do you draw the line?) is that it takes focus away from where the responsibility lies, which is with the driver.  No matter what the circumstances are, it is ultimately the driver's choice to text or not.  How the message got to the phone is irrelevant IMO.

                    Not at it at all. 

                      will hookers will start getting sued for causing rear end accidents.  after all, they clearly know that cars are going by. 

                       

                       

                       

                       

                      LedLincoln


                      not bad for mile 25

                        What do you mean by rear-end accidents?


                        A Saucy Wench

                          +1.  If they can prove she knew (or reasonably should have known) he was driving and she continued texting him, then she may be held as a named defendant.  Short of that, though, I'd agree with Skippy -- she has no control or knowledge of when her texts will be read or whether the recipient is behaving safely when reading them.

                           

                          I feel bad for the two who both lost legs because of this idiot.

                           

                          Doesnt matter, the responsibility still remains with the driver to do what it takes to be safe. 

                           

                          Although dh will hang up on anyone who calls him if he figures out they are driving. 

                           

                          Should we sue drive through fast food for accidents caused while the driver is eating and distracted by the food they dropped in their lap?  After all they knew he was most likely going to eat the food they handed out the window.

                          I have become Death, the destroyer of electronic gadgets

                           

                          "When I got too tired to run anymore I just pretended I wasnt tired and kept running anyway" - dd, age 7

                          xor


                            What if the food (or coffee) is HOT?

                             

                            LedLincoln


                            not bad for mile 25

                              Although dh will hang up on anyone who calls him if he figures out they are driving. 

                               

                              This is what a responsible person should do.  Legally liable if they don't?  Maybe not.

                              Purdey


                              Self anointed title

                                It is illegal to use a mobile phone / cell phone whilst driving in the UK.  Not sure if it has improved accident rates or not.

                                 

                                 

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